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10 Indiana opinions name it 2 courts 1988–2024 1 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Benton v. City of Oakland Citygreen1 sentence2024The BMV maintains that 6 As Kelly points out, Benton v. City of Oakland City states that “we presume” a government unit is bound by a “duty to use ordinary and reasonable care under the circumstances[,]” with a few exceptions that are not applicable here. 721 N.E.2d 224, 230 (Ind. 1999). | 1 | 1 |
Harness v. Schmittgreen1 sentence2019Harness v. Schmitt, 924 N.E.2d 162, 165 (Ind. Ct. App. 2010). [9] To prevail on a common law negligence claim, the plaintiff must demonstrate “(1) duty owed to plaintiff by defendant; (2) breach of duty by allowing conduct to fall below the applicable standard of care; and (3) compensable injury proximately caused by defendant’s breach of duty.” Buddy & Pals, 118 N.E.3d at 41 (quoting King v. Ne. | 1 | 1 |
King Ex Rel. King v. Northeast Security, Inc.green1 sentence2019Sec., Inc., 790 N.E.2d 474, 484 (Ind. 2003)). | 1 | 1 |
Kroger Co. v. Plonskigreen1 sentence2015Kroger Co. v. Plonski, 930 N.E.2d 1, 6 (Ind.2010). | 1 | 1 |
Midtown Community Mental Health Center v. Estate of Gahl Ex Rel. Gahlgreen1 sentence2013See id.; see also Midtown Cmty. Mental Health Ctr. v. Estate of Gahl, 540 N.E.2d 1259, 1262 (Ind.Ct.App.1989) (observing that, assuming a duty existed, a breach of the duty to properly medicate and supervise Jackson — who killed a probation officer — could constitute malpractice as to Jackson but not as to third parties with whom he might come in contact), trails, denied. *335 We now turn to the specific allegations of Doe’s Complaint for Damages and Declaratory Judgment to determine whether she states a common law negligence claim or alleges that the defendant committed medical malpractice as | 1 | 1 |
CSX Transportation, Inc. v. Millergreen1 sentence2010See Miller, 858 A.2d at 1032 . | 1 | 1 |
Franklin v. Benockgreen2 sentences2006See Franklin v. Benock, 722 N.E.2d 874, 878 (Ind.Ct.App. 2000), trans. denied. 2006See Franklin v. Benock, 722 N.E.2d 874, 878 (Ind.Ct.App.2000), trans. denied. | 1 | 1 |
Gariup Const. Co., Inc. v. Fostergreen1 sentence1996See Gariup Const. Co. Inc. v. Foster, 519 N.E.2d 1224 (Ind.1988); see also Thompson, supra. Thus, the Weidas may pursue a common law negligence claim despite the provisions of the Dram Shop Act. | 1 | 1 |
Thompson v. Ferdinand Sesquicentennial Committee, Inc.green1 sentence1996See Gariup Const. Co. Inc. v. Foster, 519 N.E.2d 1224 (Ind.1988); see also Thompson, supra. Thus, the Weidas may pursue a common law negligence claim despite the provisions of the Dram Shop Act. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The City of Fort Wayne v. Northern Indiana Public Service Company and Nisource, Inc.
green
1 sentence2020Id. at 63-64 . [13] The City argued that notwithstanding DUFA, it still had a common law negligence claim against NIPSCO. | 1 | 2020–2020 |
Buddy & Pals III, Inc., Buddy & Pals II, Inc., Buddy & Pals Inc., Timothy Heidbreder, and William Frank Bailey, Jr. v. Christopher Falaschetti
green
1 sentence2019Harness v. Schmitt, 924 N.E.2d 162, 165 (Ind. Ct. App. 2010). [9] To prevail on a common law negligence claim, the plaintiff must demonstrate “(1) duty owed to plaintiff by defendant; (2) breach of duty by allowing conduct to fall below the applicable standard of care; and (3) compensable injury proximately caused by defendant’s breach of duty.” Buddy & Pals, 118 N.E.3d at 41 (quoting King v. Ne. | 1 | 2019–2019 |
Consolidated Rail Corporation v. Gottshall
green
2 sentences2010Although a FELA claim is based on the negligence of the railroad employer, Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 , a FELA claim is not precisely the same as a common law negligence claim. 2010Although a FELA claim is based on the negligence of the railroad employer, Gottshall, 512 U.S. at 543 , 114 S.Ct. 2396 , a FELA claim is not precisely the same as a common law negligence claim. | 1 | 2010–2010 |
Citizens Gas and Coke Utility v. Sloan
green
2 sentences1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. 3 See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 858 N.E.2d 218 , modified, 171 Ind.App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 186 Ind.App. 297 , 196 N.E.2d 290 (fraud and rescissio 1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. [3] See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 358 N.E.2d 218 , modified, 171 Ind. App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 136 Ind. App. 297 , 196 N.E.2d 290 (fraud and resci | 1 | 1993–1993 |
Indiana Tel. Corp. v. Indiana Bell Tel. Co.
green
2 sentences1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. 3 See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 858 N.E.2d 218 , modified, 171 Ind.App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 186 Ind.App. 297 , 196 N.E.2d 290 (fraud and rescissio 1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. [3] See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 358 N.E.2d 218 , modified, 171 Ind. App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 136 Ind. App. 297 , 196 N.E.2d 290 (fraud and resci | 1 | 1993–1993 |
Public Service Indiana, Inc. v. Nichols
green
2 sentences1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. 3 See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 858 N.E.2d 218 , modified, 171 Ind.App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 186 Ind.App. 297 , 196 N.E.2d 290 (fraud and rescissio 1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. [3] See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 358 N.E.2d 218 , modified, 171 Ind. App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 136 Ind. App. 297 , 196 N.E.2d 290 (fraud and resci | 1 | 1993–1993 |
Indiana Telephone Corp. v. Indiana Bell Telephone Co.
green
2 sentences1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. 3 See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 858 N.E.2d 218 , modified, 171 Ind.App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 186 Ind.App. 297 , 196 N.E.2d 290 (fraud and rescissio 1993We addressed this precise question last in Public Service Indiana, Inc. v. Nichols, 494 N.E.2d 349 , in which we held that a plaintiff raising a common law negligence claim need not exhaust administrative remedies. 3 See also, Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), 171 Ind. App. 616 , 858 N.E.2d 218 , modified, 171 Ind.App. 616 , 360 N.E.2d 610 (construction of and breach of contract claims proper matters for judicial determination without resort to administrative agency); Citizens Gas & Coke Utility v. Sloan (1964), 186 Ind.App. 297 , 196 N.E.2d 290 (fraud and rescissio | 1 | 1993–1993 |
Gariup Const. Co., Inc. v. Foster
neutral
2 sentences1988Gariup Const. Co., Inc. v. Foster (1986), Ind.App., 497 N.E.2d 924 . 1988Gariup Const. Co., Inc. v. Foster (1986), Ind. App., 497 N.E.2d 924 . | 1 | 1988–1988 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.